What Actions Constitute Domestic Violence In New York?

It goes without saying that domestic violence is a very serious problem and a very serious legal charge. Everyone deserves safety in their homes, their relationships, and their lives, and domestic violence laws exist to protect that safety.

However, as is the case for many types of laws, the specific actions that constitute domestic violence vary from state to state. Some actions may be considered domestic violence in one state, and may not be considered domestic violence in another. The following laws apply to New York State.

What Is An Intimate Relationship?

Domestic violence occurs between people who are in intimate relationships. In New York State, this means family/household members, as well as a number of other types of relationships, including:

• Relatives by blood or marriage (such as siblings, cousins, and parents)
• People who are legally married or divorced, and people who are in an intimate romantic/sexual relationship.
• People who have children in common (including adopted children)
• Anyone who shares a home for a period of time, whether related or unrelated.

You may still be in an intimate relationship with someone even if you don’t live with them or have broken up with them, and even if you don’t have a sexual relationship with them.

Which Actions Are Considered Domestic Violence?

In New York, there is no specific crime called “domestic violence.” Rather, domestic violence is applied as a “family offense” when someone commits one or several of the following crimes against someone they are in an intimate relationship with:

• Assault: This includes any physical attack against the person, such as hitting, punching, kicking, and biting. It can also include throwing something at the person, or using a weapon against them.
• Stalking: Monitoring, tracking, or following the person.
• Harassment: Doing something that exclusively alarms or distresses the person, without another purpose.
• Aggravated Harassment: Repeatedly harassing the person via electronic means (like a phone or computer)
• Reckless Endangerment: Putting the person in danger of physical injury.
• Strangulation: Also called Criminal Obstruction of Breathing or Circulation. Includes any act that prevents the person from breathing, including choking, blocking their airways (nose and mouth), and applying pressure to their neck.
• Criminal Mischief: Taking or destroying the person’s property. This applies to the destruction of property even when it is property you own together, such as a car.
• Menacing: Threatening to harm the person, with or without a weapon.
• Threats: Using words to make the person afraid.
• Intimidation: Using actions or words to make the person afraid, force them to do something, or stop them from doing something.
• Coercion: Trying to prevent the person from doing something that they have the legal right to do.
• Identity Theft: Using the person’s personal information or credit without their permission.
• Grand Larceny: Taking the person’s property (worth $1,000 or more) without permission and with no intent to return it.
• Sexual Abuse, Sexual Misconduct, and/or Forcible Touching: Unwanted sexual contact.

Domestic violence can be an incredibly sensitive and emotionally charged subject. Often, these cases are complicated, and must be handled with emotional intelligence as well as legal acuity. If you are facing domestic violence charges, it is in your best interest to call an attorney as soon as possible.

If you’re looking for a domestic violence attorney in New York City, your best bet is Michael Kramer. Mr. Kramer is an   experienced, knowledgeable, hard-working attorney who will walk you through every step of the process. He will help you put your best case forward so that you can move on with your life. Don’t wait. Call (914) 709-7161 for a free 20-min strategy session today.